An attorney said in a Chancery Court motion that dismissal of a city police officer should be overturned because City Councilman Manny Rico is biased in favor of the Littlefield administration.

Attorney Jack Benson Jr., seeking to win a summary judgment for former City Police Officer Shawn Cunningham, termed Councilman Rico a "cowboy councilman."

Councilman Rico, in a deposition in the case, said he can be fair, but he said he relies on the judgment of city officials in personnel cases.

He said, "They're good people They're not out to get peoples' jobs. So when a person comes in there like this at a hearing, what they have to do is prove to me that they're (administration) wrong."

Councilman Rico said there are some members of the council "who are biased the other way. They don't trust the police."

Attorney Benson, who is the son of City Councilman Jack Benson, said Councilman Rico in the deposition "made damaging admissions regarding his bias against petitioner and his unethical actions prior to and during the appeals hearing."

He said Councilman Rico "admitted that he engaged in ex-parte communications" about Mr. Cunningham prior to the hearing, could have said that the officer was a "dirty cop" prior to the hearing on Oct. 29 of last year, "admitted that he might be biased against petitioner because he worked with and trusts the administration of the Chattanooga Police Department" and "asked inflammatory and damaging questions about probable cause and profiling even though these issues were not discussed during the appeals hearing."

He said Councilman Rico violated city procedures by "going as far as to create his own burden of proof" and failing to give the name of the person with whom he allegedly had ex-parte communications.

The motion says, "Mr. Rico acted as 'cowboy councilman' by carelessly engaging in ex-parte conversations which were never made part of the record. It is clear he was biased against petitioner and acted arbitrarily and unethically."

Council members Rico and Linda Bennett voted to uphold the firing last July 27, while Debbie Gaines was opposed.

Police Chief Freeman Cooper had dismissed Mr. Cunningham after a two-day hearing based on three charges: improper procedure, neglecting duties and failure to follow state law.